Where estate proceedings might play out depends partly on which of Epstein’s homes is considered his main one.
Documents submitted by his lawyers in a bail request after his arrest in July indicated his primary residence was his compound on the island of Little St. James in the U.S. Virgin Islands. But New York or Florida also appear to be good possibilities.
In New York, primary residence is defined as “the county where the decedent lived and considered their primary home address before they died.” If a person had more than one home, it would be the place where they “intended to return.”
Probate Process
Wherever any will is filed, it would first go through the probate process, where a judge determines whether it’s a valid statement of what Epstein wanted to happen with his property after his death.
Once the will is determined to be valid, an executor named by the decedent would be officially appointed to divide up their estate.
The process would be overseen by the Superior Court in the Virgin Islands and the Surrogate’s Court in New York. In Florida, the will would have to be filed by the executor of the estate within 10 days of receiving notice of a death in a court in the county where the person lived.
Prosecutors could still seek to seize individual assets through a civil forfeiture proceeding if they determine that the property was used to facilitate a crime or was the proceeds of criminal activity, said Sharon Cohen Levin, a former federal prosecutor who headed the Southern District of New York’s money laundering and asset forfeiture unit.
They would have to file a complaint against an individual asset, such as Epstein’s New York mansion, lay out the basis for the underlying crime and the evidence showing it was committed -- similar to the indictment -- and prove how it was it was used to facilitate the crime, Levin said. Unlike in a criminal case, prosecutors would only have to prove that the crime more than likely occurred, not that it was beyond a reasonable doubt.
“It could literally be the same case,” Levin said. “Maybe there are other people they might be charging. There might be other theories. But this is something I would assume they would be seriously considering.”
--With assistance from Heather Smith.